3/27/25, 8:55 Differences between CRPC and MR |
AM
DIFFERENCES BETWEEN CRPC AND MR EXAM QUESTIONS AND ANSWERS
WITH COMPLETE SOLUTIONS VERIFIED
Terms in this set (23)
In CA, an attorney may disclose confidential info to prevent a criminal act an
attorney reasonably believes is likely to result in death or substantial bodily harm
but has a counseling obligation to the client if reasonable to do so. Under the
MR,
lawyers may disclose info (not necessarily criminal—see comment [6]) to
prevent reasonably certain death or substantial bodily harm. Also under MR,
Confidentiality
lawyers may disclose confidential info to stop, mitigate, or cure a crime or fraud
where (i) it is reasonably certain will/did result in substantial financial injury and
(ii) lawyer's
services were used. CA rule does not allow for that exception. MR has further
exceptions in rule that are not in the CA rule; however, CA case law provides for
similar limited exceptions with regards to fee disputes, lawyer mounting a defense,
conflicts checks, and securing legal advice about complying with the rules. Compare
MR. 1.6. (b) with CRPC 1.6 (b); B&P 6068 (b)(1) (2).
CA attorneys must "self-report" for an exclusive list of specific incidents. CA
attorneys have no obligation to report on other attorneys. MR lawyers must
Reporting Professional Misconduct report misconduct of other attorneys, if the misconduct raises a "substantial
question" about lawyer's "honesty, trustworthiness or fitness as a lawyer." Compare
MR 8.3 with B&P 6068(o)(1-7).
Contingency agreements in CA and MR must be in writing (MR 1.5(c)—signed by
client only. B&P 6147---signed by client and attorney). CA requires a written
Written fee agreements agreement in any case where costs and fees are expected to exceed $1,000. B&P
6148. In non-contingency fee cases under Model Rules, there is no requirement of
writing, though it is preferred. MR 1.5(b).
Traditional referral fees to a referring lawyer are allowed in CA. Model rules do
not allow referral fees. Under MR, a referring lawyer can only be paid in
proportion to the services performed on that matter or joint responsibility. Compare
Referral fees to non-affiliated lawyers
MR 1.5(e) and Comment [7] with CRPC 1.5.1. Note that rules require disclosure and
consent to
client; CA also requires a written agreement between the lawyers about the fee
splitting.
Under the MR, lawyers can only advance clients money to cover court costs
and fees. In CA, lawyers (after employment) can loan clients money for personal
Advancing money to clients in connection
expenses or any purpose so long as a promise to repay is in writing and they follow
to pending or contemplated litigation:
the doing business with clients rule. Compare MR 1.8(e) with CRPC 1.8.5 and CRPC
1.8.1
Under MR, the atty may keep them if permitted by local law and if it won't
Returning Client Papers if client hasn't
damage client's interests. MR 1.16(d). In California, the atty must return papers
paid bill
whether client has paid for them or not. CRPC 1.16 (e)(1).
Under MR, lawyer can only testify as to non-contested matter, fees, or if not
testifying creates a substantial hardship to client. In CA, lawyer can testify as to a
Trial lawyer as witness
non-contested matter, fees, or on any issue if client consents in writing. Compare
MR 3.7(a) with CRPC 3.7 (a) (3).
MR 1.8 (h) says that a client must be represented by independent counsel before
signing an agreement with a lawyer saying "I will not sue you for malpractice," i.e.,
Prospectively limiting liability
prospectively limiting liability. CRPC 1.8.8 absolutely prohibits prospectively limiting
liability.
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AM
DIFFERENCES BETWEEN CRPC AND MR EXAM QUESTIONS AND ANSWERS
WITH COMPLETE SOLUTIONS VERIFIED
Terms in this set (23)
In CA, an attorney may disclose confidential info to prevent a criminal act an
attorney reasonably believes is likely to result in death or substantial bodily harm
but has a counseling obligation to the client if reasonable to do so. Under the
MR,
lawyers may disclose info (not necessarily criminal—see comment [6]) to
prevent reasonably certain death or substantial bodily harm. Also under MR,
Confidentiality
lawyers may disclose confidential info to stop, mitigate, or cure a crime or fraud
where (i) it is reasonably certain will/did result in substantial financial injury and
(ii) lawyer's
services were used. CA rule does not allow for that exception. MR has further
exceptions in rule that are not in the CA rule; however, CA case law provides for
similar limited exceptions with regards to fee disputes, lawyer mounting a defense,
conflicts checks, and securing legal advice about complying with the rules. Compare
MR. 1.6. (b) with CRPC 1.6 (b); B&P 6068 (b)(1) (2).
CA attorneys must "self-report" for an exclusive list of specific incidents. CA
attorneys have no obligation to report on other attorneys. MR lawyers must
Reporting Professional Misconduct report misconduct of other attorneys, if the misconduct raises a "substantial
question" about lawyer's "honesty, trustworthiness or fitness as a lawyer." Compare
MR 8.3 with B&P 6068(o)(1-7).
Contingency agreements in CA and MR must be in writing (MR 1.5(c)—signed by
client only. B&P 6147---signed by client and attorney). CA requires a written
Written fee agreements agreement in any case where costs and fees are expected to exceed $1,000. B&P
6148. In non-contingency fee cases under Model Rules, there is no requirement of
writing, though it is preferred. MR 1.5(b).
Traditional referral fees to a referring lawyer are allowed in CA. Model rules do
not allow referral fees. Under MR, a referring lawyer can only be paid in
proportion to the services performed on that matter or joint responsibility. Compare
Referral fees to non-affiliated lawyers
MR 1.5(e) and Comment [7] with CRPC 1.5.1. Note that rules require disclosure and
consent to
client; CA also requires a written agreement between the lawyers about the fee
splitting.
Under the MR, lawyers can only advance clients money to cover court costs
and fees. In CA, lawyers (after employment) can loan clients money for personal
Advancing money to clients in connection
expenses or any purpose so long as a promise to repay is in writing and they follow
to pending or contemplated litigation:
the doing business with clients rule. Compare MR 1.8(e) with CRPC 1.8.5 and CRPC
1.8.1
Under MR, the atty may keep them if permitted by local law and if it won't
Returning Client Papers if client hasn't
damage client's interests. MR 1.16(d). In California, the atty must return papers
paid bill
whether client has paid for them or not. CRPC 1.16 (e)(1).
Under MR, lawyer can only testify as to non-contested matter, fees, or if not
testifying creates a substantial hardship to client. In CA, lawyer can testify as to a
Trial lawyer as witness
non-contested matter, fees, or on any issue if client consents in writing. Compare
MR 3.7(a) with CRPC 3.7 (a) (3).
MR 1.8 (h) says that a client must be represented by independent counsel before
signing an agreement with a lawyer saying "I will not sue you for malpractice," i.e.,
Prospectively limiting liability
prospectively limiting liability. CRPC 1.8.8 absolutely prohibits prospectively limiting
liability.
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